United States            Office of Solid Waste
                    Environmental Protection      and Emergency Response       EPA/530-SW-91-032
                    Agency                (OS-305)                 April 1991

                    Office of Solid Waste
&EPA        Environmental
                    Fact  Sheet
                     New Treatment Standards
                     Proposed for K061 High Zinc
                     Subcategory Wastes

       Background

       In the First Third land disposal restrictions rule of August 17, 1988,
       EPA determined that high temperature metal recovery (HTMR) was the
       best demonstrated available technology for treating K061 high zinc
       wastes (i.e., wastes containing equal to or greater than 15% total zinc).
       However, believing that it lacked the authority to regulate the slag
       residues from the HTMR process as K061 wastes, EPA set a treatment
       standard of "no land disposal" for these wastes.

       On June 26, 1990, the District of Columbia Circuit Court of Appeals
       invalidated the "no land disposal" standard and held that EPA is not
       jurisdictionally barred from promulgating a treatment standard for the
       slag. The Court remanded the case to EPA to determine whether to
       establish a treatment standard for slag residue. The Court did not
       dispute that HTMR represents the best demonstrated available
       technology for these wastes.

       Currently, K061 wastes are subject to an interim  treatment standard
       based on stabilization, which will expire on August 8, 1991.  After that
       date, industry will not be able to dispose of K061  wastes  in or on the
       land if a new treatment standard has not been promulgated.

       Action

       EPA is proposing to establish concentration-based treatment standards
       for K061 nonwastewaters in the high zinc subcategory based on the
       analysis of slag residues from the HTMR processes.  EPA is further
       proposing that the slag resulting from the HTMR process be delisted
       from the hazardous waste regulations if it satisfies certain conditions.

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Public Comment

Public comments should be sent to EPA within 30 days of the
publication date of the Federal Register notice announcing this
proposed rule. For instruction on submitting written comments, please
consult the notice. It may be obtained at no charge by calling the
RCRA Hotline or by visiting EPA's RCRA Docket in Washington, D.C.
For More Information

To obtain further information, a copy of the Federal Register notice, or
other fact sheets on the land disposal restrictions program, please call
the RCRA Hotline Monday through Friday. 8:30 a.m. to 7:30 p.m. EST.
The national toll-free number is (800) 424-9346; for the hearing
impaired it is (TDD) (800) 553-7672. In Washington, D.C., the number
is (703) 920-9810 or TDD 486-3323.

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